A communication received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program is a confidential and privileged communication and may not be disclosed except
(1) to the tested employee or prospective employee or another person designated in writing by the employee or prospective employee;
(2) to individuals designated by an employer to receive and evaluate test results or hear the explanation of the employee or prospective employee; or
(3) as ordered by a court or governmental agency.